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03-01-05 Item 12South Miami To: Honorable Mayor, Vice Mayor & Commission Members From: Maria Davis City Manager • Date: March 1, 2005 ITEM No. Re: Development Agreement Project Sunset -South Miami Corp. 5750 Sunset Dr. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 108 MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a Development Agreement for a 4.5 acre property as described above. The proposed development to be called "Project Sunset" will include residential buildings, parking , office uses and retail uses. A total of 108 dwelling units and 87,212 square feet of commercial space will be constructed in one phase. The Development Agreement is the third element of the applicant's approval process for a proposed unified development project extending over 3 city blocks. The first element is a request for a two special exceptions to certain provisions in the SR Hometown District. The second part is the approval of a special use request to allow four restaurants within the unified development area. The applicant has indicated consent to entering into a Development Agreement with the City which would make legally enforceable the site plan and all of the conditions and requirements set Development Agreement Page 2 of 3 forth by the City as part of its approval of the special uses and special exceptions. DEVELOPMENT AGREEMENT REGULATIONS Florida State Statutes 163.3220 -3243 (Florida Local Government Development Agreement Act) sets forth the authorization and procedures for a local governments if they intend to enter into an agreement with a developer of property. The purpose of a development agreement is to assure that the development program and all of the related conditions as approved by the local government will be implemented. SUMMARY OF DEVELOPMENT AGREEMENT The following is a summary of the major provisions in the proposed agreement: • The term of the agreement is 10 years.(pp2 -3, No. 3) • The Use of the Property (p.3, No.4) including density. The property will be developed in two phases This section needs to be adjusted to indicate 108 maximum number of units and a site size of 4.5 acres. The project must be built at one time or the applicant must post a performance bond. • In order to respond to the City's concurrency standard for park and recreation facility expansion the developer agrees to pay a fee to the City (p. 4 No. 5d). The fee amount must reflect the proportional cost of the City's proposed purchase of the YMCA property; or a provision for a substitute amount equal to the average cost of an acre of residential land within a 1200 foot radius of the project site should the City not acquire the YMCA site. • Permits Section (p.5 No.7); This section needs to be corrected to indicate four restaurants and that retail and restaurant parking spaces must be marked and signed. • Development Conditions (p.5 -6 No. 8) This section needs to be amended to mandate that all development must be in accord with the actual site plan submitted with the special exception and special use applications. • All of the conditions approved by the Planning Board as part of the project review should be incorporated in the development agreement. PLANNING BOARD ACTION The Planning Board at its February 22, 2005 meeting adopted a motion by a vote of 4 ayes and 1 nay (Mr. Liddy) recommending approval of the Development Agreement with all but one of the conditions set forth by staff. The Board voted to recommend that Item 5b on p.4 should include the following: The fee amount must reflect the proportional cost of the City's proposed purchase of the YMCA property; or a provision for a substitute fee based upon the average sales price of residential property in the City over the past two years. CITY ATTORNEY PROPOSED AMENDMENT The City Attorney advised that the following amendment to the draft Development Agreement was needed: Development Agreement Page 3 of 3 36. ABANDONMENT OF RIGHT OF WAY The City agrees to abandon the right of way adjacent to the property to the buildable line. The Applicant shall contemporaneously grant to the City an easement from the right of way adjacent to the property to the buildable line, for all future needs of the City. To ensure that the proposed structure does not interfere with the City's future needs, any permanent structure extending out over the City's easement shall provide the City with a clearance as provided in the Hometown Overlay District in the Land Development Code (10 feet minimum) RECOMMENDATION (1) It is recommended that the attached proposed Development Agreement as modified by the staff . comments above, the amendment suggested above by the Planning Board, and the City Attorney's amendment be approved. (2) The attached proposed ordinance formally adopting the Development Agreement on first reading should be approved. Attachments Proposed ordinance Development Agreement Fl. State Statute 163.3220- 163.3243 Public notices MD /DOD /SAY e? \\MCGRUFF\PLANNING rruh Items \2005 \3 -1 -OS \bevel Agree 5750 Sunset Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 108 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in 2005 the South Miami Corporation is requesting approval of a Development Agreement for a 4.5 acre proposed unified development to be called "Project Sunset" which will include a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in plat book 3 at page 198 of the public records of Miami -Dade County; and WHEREAS, the City Commission at its March 1, 2005 meeting adopted a resolution allowing two special exceptions and adopted a special use resolution permitting the location of four restaurants in the unified development; and WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220- 163.3243, Florida Statutes, provides for the execution of development agreements to insure that the law and regulations in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, the South Miami Corporation has proposed the execution of a development agreement with the City of South Miami pertaining to the mixed use project entitled "Project Sunset" which agreement would set forth all of the conditions and commitments required by the City resulting from the approval of the special exception and special use requests; and WHEREAS, the Planning Board at a meeting on February 22, 2005 after a public hearing, adopted a motion by a vote of 4 aye 1 nay recommending approval of the proposed Development Agreement subject to specific revisions and conditions, which have been included in the draft agreement; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That a Development Agreement, attached as Exhibit "A" and dated between the City of South Miami, Florida, and the South Miami Corporation pertaining to a 4.5 acre proposed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 unified development to be called "Project Sunset" which will include a total of 108 dwelling units and 87,212 square feet of commercial space on property located generally at 5750 Sunset Drive and legally described as Lots 6 thru 9, 40 thru 45, 53 thru 66 inclusive and the east 50 feet of Lots 51 and 52 of W. A. Larkins subdivision according to the plat thereof recorded in Plat Book 3 at page 198 of the public records of Miami -Dade County is approved. Section 2 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK I st Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 92005 Attachment: Exhibit "A" Development Agreement APPROVED: MAYOR E: \Comm Items\2005 \3- 1- 05\Development Agreement Bank Ord.doc COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, March 1, 2005, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUTE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS "PROJECT SUNSET" WHICH 'WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 106 MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND A PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 TtiRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDEI PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR "PROJECT SUNSET" A UNIFIED DEVELOPMENT PROJECT IN THE "SR(HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT TO PERMIT: (1) A SPECIAL EXCEPTION TO SECTIONS 20 -7.7B AND 20 -7.9B IN ORDER TO ALLOW A TOTAL LOT COVERAGE OF 72.29 % OR 139,435 SQUARE FEET WHICH EXCEEDS THE MAXIMUM 60 % LOT COVERAGE AND 60,000 SQUARE FEET; (2) A SPECIAL EXCEPTION TO SECTION 20 -7.96 TO ALLOW FOUR BANK DRIVE -THRU LANES WHICH EXCEED THE MAXIMUM PERMITTED TWO BANK DRIVE -THRU LANES; ALL FOR PROPERTY GENERALLY LOCATED AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK, 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE FOUR GENERAL RESTAURANTS AS PART OF "PROJECT SUNSET" A UNIFIED DEVELOPMENT WITHIN THE, "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ALL FOR 'PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9,40 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL EXCEPTION APPROVAL TO Get advice that's gy always on the money. Rend Harriet Johnson Brackey in Money Moments, everyThursday. 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Pool Renovations : - r Solt Sanitizing Systems '' 9 Resurfacing Interiors . Pursuant to Florida Statutes 286.0105, the .City hereby advises the public that if a person -° Heating Systems ;.. "•Coping & Tile Renovations decides to appeal any decision made by this Board, Agency or Commission with respect to any • Decks: Stone., Brick & Hooldeck • Repiping & Equipment matter considered at its meeting or hearing, he or she will need record of the proceedings, and • Waterfall Designs. • New Deck installations that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal - Serving South Florida for 28 years y is to be based. � �. Licensed & Insured since 1977 3y Call for free Estimates 305 -261 -1927 DEVELOPMENT AGREEMENT D BETWEEN THE CITY OF'SOUTH MIAMI, FLORIDA AND SOUTH MIAMI CORPORATION THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made as of _ 2005 by and between THE CITY OF SOUTH MIAMI, FLORIDA a municipal corporation ( "City ") and SOUTH MIAMI CORPORATION ( "Company ") or its assignee. RECITALS WHEREAS, the Florida Local Government Development Agreement Act, set forth in sections 163.3220 - 163.3243, Florida Statutes, (the "Act") provides for the execution of development agreements for a term not to exceed ten (10) years to insure that the law in effect at the time of the execution of the development agreement shall govern the development of the land for the duration of the agreement; and WHEREAS, the city commission of the City of South Miami has adopted Ordinance No. which implements the Florida Local Government Development Agreement Act (the "Act "), and permits the consideration and the adoption of this agreement; and WHEREAS, the Company owns approximately 4.5 +/- acres, zoned HD -OV, described in Exhibit "A," (the "Property"); and WHEREAS, the Company desires to construct a mixed use development encompassing retail, office and residential components described in Exhibit "E," (the "Project") in the Hometown District Overlay Zone within the City of South Miami. Page 1 of 17 4 NOW THEREFORE, in consideration of the above recitals and the following covenants, terms and conditions the receipt and sufficiency of which are expressly acknowledged, the city and Company covenant and agree as follows: 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Property. The Company owns the property as described in Exhibit "A ". This property is deemed to be one unified parcel and is subject to the unity of title pursuant to the requirements of Section 20- 3.7(E)(1), of the City Land Development Code (the "LDC") attached hereto as Exhibit "CO. 3. Effective Date; Duration of agreement. This agreement shall become effective after it has been recorded in the 'public records of Miami -Dade County and thirty (30) days after it is received by the Florida Department of Community Affairs (the "Effective Date "). This agreement shall terminate ten years from the effective date of this agreement, unless otherwise extended or terminated as provided for herein or in the act. The maximum period of this agreement shall be ten (10) years from the effective date unless extended by mutual consent of all legal and equitable owners of the Property and the city upon approval at a public hearing, as provided in the Page 2 of 17 act. 4. Use of Property. The property described in Exhibit "A" is to be utilized for the project described in Exhibit "B a mixed use residential, office and retail project with a residential use not to exceed 108 dwelling units on approximately 4.5 +/- acres. The project will include "chamfered" corners where it abuts roadway intersections pursuant to Exhibit "B ". The occupied space of the project will not exceed four stories or fifty six (56) feet in height unless otherwise permitted by the South Miami comprehensive plan or its land development regulations The total of occupied space of the project shall not exceed four stories. Non- occupied space shall not exceed a maximum height of fifty six feet. The project shall be built in two phases as follows: • Phase I shall consist of Blocks "A" and "C" described in Exhibit "B". • Phase II shall consist of Block "B" described in Exhibit "B „m The overall development of the property shall. be conducted in accordance with the approved site plan on file at the City, (attached and incorporated as Exhibit "B ") including elevations, architectural features and estimated.. commercial square footage pursuant to Section 20.3 -7, of the LDC. 5. Public Facilities Serving the Project. In order to enhance public facilities in the City of South Miami, the Company agrees to provide the services listed below in compliance with Section 20 -4.1 of the LDC, including: Page 3 of 17 G��rvG� U (a) Roadways An operational traffic study was conducted by the city and the Company agrees to the recommendations of city staff as set forth in their staff report which recommendations are incorporated herein by reference. Parks and Recreation Based on the projected residential population on the Property, Company agrees to pay for or provide .8 acres of land acceptable to the City for a public park. The City has identified the acquisition of the YMCA property located at 4300 SW 58th Avenue in South Miami as a suitable public park and recreational property. Based on the estimated purchase price of two million one hundred seventy five dollars ($2,175,000), the Company's share would equal dollars ($ The Company's share is subject to a pro-rata adjustment once the purchase price is finalized. In the event, the City does not purchase the YMCA property and designates a different parcel to serve as the public park, the Applicant shall be responsible for the costs attributed to .8 acres of the property. The Company's payment shall be placed in a special fund for spending on capital improvements to park and recreation facilities in the City. The Payment may be made in one lump sum or on or before Year One or over a five (5) year period; Year One shall be the year in which a Certificate of Use and occupancy is Page 4 of 17 DRAFT J granted for the first residential unit on the Property, and shall be assessed on a pro -rata basis based on the number of days left in the year divided by 365 days, multiplied by $ plus a pro rata share of any interest incurred by. the City; Years Two (2) through Five (5) shall be assessed a payment of $ , plus a pro rata share of any interest incurred by the City due on the anniversary date of the issuance of the first residential Certificate of Use and Occunancv; and Year Six (6) shall be assessed the pro -rata portion of a total of $ plus a. pro rata share of any interest incurred by the City that was not assessed in Year One, due on the anniversary date of issuance of the first residential Certificate of Use and Occupancy. (c) Sanitary Sewers Water and Sewer services that comply with all requirements of Miami -Dade County for any building .prior to issuance of a final Certificate of Use and Occupancy. (d) Solid Waste Solid Waste services that comply with all requirements of Miami. -Dade County for any building prior to issuance of a final Certificate of Use and Occupancy. (e) Schools The Company commits to pay upon the issuance of the Page 5 of 17 , FT4 initial certificate of occupancy any required Miami - Dade County School Board school impact fees. 6. Concurrency. The City of South Miami has determined that the Company's performance under the Development Agreement satisfies the concurrency requirements, as delineated in Section 20 -4.1, City Code. By'execution of this Agreement, the City acknowledges that the application for site plan approval meets all concurrency regulations enumerated in Section 20 -4.1 of the City Code, and that the site plan application and this Agreement are consistent with the City Comprehensive Plan and Land Development Regulations. 7, Permits. The permits preliminarily identified as necessary for development of the project are described as follows: (a) Special Exception to permit four drive - through teller lanes within the site. (b) Special Exception to provide 72.2% +/- lot coverage. (c) Special Use permit to permit up to four restaurants with a maximum total of 13,820 + /- square feet with parking to be supplied from any excess parking within the site. Retail and restaurant parking shall be marked and signed. 8. Development Conditions. The following conditions shall apply to the development of the project: (a) The Company shall meet all applicable building codes, land development regulations, ordinances and other laws. (b) The Company shall adhere to the requirements of all permits for the project. Page 6 of 17 DRAFT 1 (c) The Company shall develop the project in conformance with the parameters set forth in this agreement. (d) All development shall be in accord with the site plan ------------------------------------------------------------------------------------------------------------------------------------ submitted with the special exception and special use ---------------------------------------------------------------------------------------------------------------------------------- C said site plan incorporated in Exhibit ---------------------------- �. B (e) The Company shall provide the Department of Planning with a temporary parking plan, including an operational plan, which addresses construction employee parking during the construction period, said plan shall include an enforcement plan and shall be subject to the review and approval by the planning director prior to the issuance of any building permits and shall be enforced during construction activity. (f) To effect and implement the provisions of the Home Town Plan, the City shall convey to the Company that portion of the right -of -way adjacent to the Property to the building line as set forth in Exhibit "DO. The Company shall then provide the City with an easement under the property defined in Exhibit "DO for municipal uses. (g) All conditions . imposed by the City_ Commission shall be incorporated in this Development_ Agreement 9. Consistency with City of South Miami Comprehensive Plan and Land Development Regulations. The city has adopted a Comprehensive Plan and Land Development Regulations in accordance with Chapter 163, Part II, Florida Statutes. The city finds that the project is Page 7 of 17 � PVT J consistent with the city's comprehensive plan and the city's land development regulations. The project, a mixed use residential, office and retail development, as set forth herein, is consistent with the " Mixed -Use Commercial /Residential (Four Story)" designation on the future land use map, and the HD -OV zoning district on the Official Zoning Atlas of the City of South Miami. Goal 2 of the Future Land Use Element identifies the defines the home town district which consists of the "Hometown District Overlay Zone," as defined in Article VII, sections 20 -7.1 through 20 -7.52 of the city's land development regulations. 10. vesting. As long as the development on the Property is in compliance with this Development Agreement, and all applicable laws, ordinances, codes and policies in existence at the time of the execution of the Development Agreement as well as other requirements imposed by the City Commission upon the ratification of the site plan approval on the Property, the Property shall not be the subject of a downzoning application by the City and shall not be subject to any development moratorium, referenda action, ordinances, policies, or procedures enacted by the City that limits the development contemplated by this Agreement and depicted in the site plan. Any failure by this Agreement to address a particular permit, condition, term or restriction shall not relieve the Company of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 11. Permits, Conditions, Terms and Restrictions not Addressed. The failure of this agreement to address a particular permit, condition, term or restriction shall not relieve the Company or the city of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. 12. Duration of Permits. The Company acknowledges that this Page 8 of 17 - Ird tt \ F CT agreement does not extend the duration of any permits or approvals. i 13. Law Governing Development of the Property. The ordinances, policies and procedures of the City of South Miami concerning development of the property that are in existence as of the execution of this agreement shall govern the development of the property for the duration of the term of this agreement No subsequently adopted ordinances, policies, or procedures shall apply to the property except in accordance with the provisions of section 163.3233 (2), Florida Statutes, and Ordinance No. , as attached. 14. Termination. This agreement may be terminated by mutual written consent of the city and Company, subject to the terms and conditions herein. Either party may terminate this Agreement if the other party commits or allows to be committed any material breach of this Development Agreement . A "material breach" of this Agreement shall include, but not be limited to, a failure of either party to perform any material duty or obligation on its part for any thirty (30) consecutive day period. Neither party may terminate this Agreement on grounds of material breach of this Agreement unless it has provided written notice to the other party of its intention to declare a breach and to terminate this Agreement (the "Notice to Terminate ") and the breaching party thereafter fails to cure or take steps to substantially cure the breach within sixty (60) days following the receipt of such Notice to Terminate, with the, exception of monetary breaches which shall be cured within thirty (30) after receipt of notice. 15. Assignment. This Development Agreement may not be assigned by the Company except to an affiliated entity, without the prior written consent of the City. Subject to the preceding sentence this Development Agreement shall be binding upon the successors, Page 9 of 17 J assigns, and representatives of the parties hereto. An affiliated entity is an entity of which South Miami Corporation or a majority of its shareholders, directly or indirectly owns at least 51% of the beneficial interest. 16. Work Force. The Company agrees to use its best efforts to enhance job opportunities for local citizens in connection with the project. To that end and in order to maximize job opportunities for applicants from South Miami, the Company shall send notice to the Community Redevelopment Agency Director of the City of South Miami, or a substitute designee by the City Manager, regarding employment opportunities related to any (1) construction work on the Property, (2) temporary or permanent maintenance work on the Property, or (3) proposals for leasing of retail space or employment opportunities associated with retail space located on the Property. 17. Joint Preparation. This agreement has been drafted with the participation of the city and Company and their counsel, and shall not be construed against any party on account of draftsmanship. 18. Binding Effect. The burdens of this agreement shall be binding upon, and the benefits of this agreement shall inure to, all - successors in interest to the parties of this agreement. 19. Captions and Headings. Paragraph headings are for convenience only and shall not be used to construe or interpret this agreement. 20. Applicable Laws, Jurisdiction, and Venue. This agreement shall be governed by and interpreted, construed, and enforced in accordance with the internal laws of Florida without regard to Page 10 of 17 principles of conflicts of law. This agreement may be enforced as provided in Section 163.3243, Florida Statutes. Venue for any litigation pertaining to the subject matter hereof shall be exclusively in Miami -Dade County Florida. 21. Enforcement. In any litigation arising out of this , agreement, the prevailing party shall be entitled to recover its costs and attorneys fees. Attorney's fees payable under this paragraph shall not exceed 25% of the amount of damages awarded to the prevailing party and no party shall be entitled to pre- judgment interest In any injunctive or other action not seeking damages under this paragraph, legal fees may awarded in the discretion of the court, but shall be reasonable and shall not exceed an hourly rate of $300.00 per hour. 22. inspection. Nothing in this Agreement shall be construed to waive or limit the City's governmental authority as a municipal corporation and political subdivision of the State of Florida. The Company, therefore understands and agrees that any official inspector of the City of South Miami, or its agents duly authorized, have the right to enter, inspect and investigate all activities on the premises to determine whether the Property complies with applicable laws including but not limited to building and zoning regulations and the conditions herein. 23. Authorization to Withhold Permits and inspections. In the event the Company is obligated to make payments or improvements under the terms of this Development Agreement and such payments are not made as required, or such improvements are not made as required, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any further permits on the portion of the Property failing to comply with this Development Agreement, and refuse any inspections or grant any approvals, with regard to that portion of the Property until such time this Development Agreement is complied with. 24. Representations of the Company. The Company represents to the City as follows: (a) The execution, delivery and performance of this Agreement and all other instruments and agreements executed in connection with this Agreement have been properly authorized by the Company and do not require . further approval by Company. (b) This Agreement has been properly executed, and constitutes Company's legal, valid and binding obligations, enforceable against Company in accordance with its terms. (c) There are no actions, suits or proceedings pending or threatened against or affecting Company before any court or governmental agency that would in any material way affect Company's ability to perform this Agreement. (d) Company shall not act in any way whatsoever, directly or indirectly, to cause this Agreement to be amended, modified, canceled, or terminated, except pursuant to its express terms, and shall take all actions necessary to ensure that this Agreement shall remain in full force and effect at all times. (e) Company has the financial capacity to pay or advance to the City all fees and payments as required under this Agreement 25. Severability. In the event that any of the covenants, agreements, terms, or provisions contained in this agreement shall be invalid, illegal, or unenforceable in any respect, the validity Page 12 of 17 1 of the remaining covenants, agreements, terms, or provisions contained herein shall be in no way affected, prejudiced, or disturbed thereby. 26. waivers. No failure or delay by Company or the City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy consequent upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. No waiver of any breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 27. Annual Report and Review. It shall be the responsibility of the Company to submit an annual report to the City sufficient to fulfill the requirements as stated in the provisions of Section 163.3235, Florida Statutes, and Ordinance No. This agreement shall be reviewed annually on the anniversary of the effective date of this agreement. The Company, or its assign, shall submit an annual report at least 30 days prior to the annual review date. This report shall contain a section -by- section listing of what obligations have been met and the date finalized, as good faith compliance with the terms of the agreement. The city commission shall review the annual report at a public meeting. If the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. The obligation to submit an arrrmal report shall conclude upon the date Page 13 of 17 on TAbich the agreement is terminated. 28. Notices. Any notices or reports required by this agreement shall be sent to the following: For the City: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Copy to: Planning Director Planning and Community Development Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 For the Company: South Miami Corporation Attn: Donald F. Hunter, Vice President And Wade R. Wacholz, counsel 5750 Sunset Drive South Miami, Florida 33143 Copy to: Wade R. Wacholz, Esq. Gislason & Hunter, LLP. P.O. Box 5297 Hopkins, Minnesota 55243-2297 W. Tucker Gibbs, Esq. 215 Grand Avenue Coconut Grove, Florida 33133 29. Exhibits. All exhibits attached hereto contain additional terms of this agreement and are incorporated herein by reference. 30. Amendment. This agreement may be amended by mutual written consent of the city and Company so long as the amendment meets the requirements of the act, applicable city ordinances and Florida law. Page 14 of 17 U In " -1� ? 0 31. Entire agreement. This agreement represents the entire agreement and no prior or present agreements or representations shall be binding upon either the city or Company, unless specifically incorporated herein by reference, whether such prior present agreements have been made orally or in writing. Each party affirmatively represents that no promises have been made to that party that are not contained in this Agreement, and the Exhibits, and stipulates that no evidence of any promises not contained in this Agreement, and the Exhibits, shall be admitted into evidence omits behalf. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses of trade and may only be amended or modified by a written instrument duly executed by officers of both parties. 32. Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto and their Affiliates and it may not be enforced by any party other than the parties to this Agreement and shall not give rise to liability to any third party other than the authorized successors and assigns of the parties hereto. 33. Periods of Time. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall on a Saturday, Sunday or legal holiday, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 34. Counterparts. This Agreement may be executed (including by facsimile) in one or more counterparts, and by the different - parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. Page 15 of 17 35. Recordation. Within 20 days after the Development Agreement has been signed by both the Company and the City, the Applicant shall cause a copy of the Development Agreement to be recorded at the Applicant's expense in the registry of deeds in Miami -Dade county. PASSED AND DULY ADOPTED by the city commission of the City of South Miami, Florida, this day of 2005 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY AGREED TO this day of 2005. SOUTH MIAMI CORPORATION Witnesses: Print Name Print Name STATE OF FLORIDA ) vice President Page 16 of 17 J ) COUNTY OF MIAMI -DADE ) The foregoing instrument was acknowledged before me this day of 2005 by who is personally known to me or who produced as identification, on behalf of the corporation. My commission expires: MPL1B:223648.1 Page 17 of 17 NOV. 43' 04 (WED) 14;40 BLhZIN SUMBERG L;r P. 002/003 I pleading, oration, or other paper, including a reason - 163.3220 Short title; Ieglslative intent. able attorney's fee. (1) Sacifops 1613220- 163.3243 may he cited as (7) In any proceeding under aubsection (3) or sub- the "Florida Lacai Covernmsnt Development Agree- section (4), no setllement shall b,a entered into by the ime " 1004i government unless the terms of the settlement (g) The Legis attire finds and declares that: I have been the subject Of a public hearing after notice (a) The lack of certainty in the approval of develop, as required by this part, merit can r,suit in a waste of economic and land (6) In any pr0ceeding under subsection (3) or sub-' resources, dloccul'490 sound capital Improvemont section (4), the - Department of Local Affairs may inter- planning and 11nancfng, escalafQ the cast of housing yens to represent the interests of rho state. and dev©lopment' and discourage commitment to cant (9) Noither subsection ($) nor subsectt ❑n (4) prehensive planning, relieves the 100911 government of itsi obligations to hold (b) AssuranGa to a developer that upon receipt of public hea ingssasreju d de y law, �r,. aaox•zaa his or her `develop P ent permit or brownflotd dosigna- lion he or she tri roceed in accordance with existing 163.3277 Municipal Overlay for municipallncorpo- laws it agreartio�tpstr strengthens the�rublicfl- rattan,., opment,agraem g p planning (1) PURPOSE, process, encourages sound capital improvement plan. for Juture- in order to assist in the planning nrnp and finanoln9. assists in assuring there are ads-' mUnlcipal incorporation of a specific gso, 11 capital loollitles for the development, encourages area, a county may adopt a municipal overlay private parfl,ipatlan in comprehensive planning, and .graphic an amendment to Its cnmprehenaiva plan. A municl- amic costs of development. Pal overlay will allow a county, in cooperation with the rod cos the -colt ity with in turtheranae Of, and to Public, to address the future possiole municipal fncor (} Iri Implement the Local Qaavernment Com rehensiva monition of a specific geographic areal and the impact of lani ad teand Development Regulation Act and municipal fncotporation an the provision of publfc ear- the Florida State gompFehBnsive planning Act of 1072, ' `i vices to servo the area. It lathe intent of the Legislatura to encourage a stronger (2) FTHE ANION, AL W17 hl, AND AMEND- comprehensive and c$ hal facilities ' MENT OF THE MUNICIPAL oVFPLAY.- commitment to P - (a)1. This section _a planning, ensure the provision of adequate public facill- f�ans in which the county fpiogauth ized, by resolution tees for develop educe the econothe ct -cos cof deivelo of or local ordinance, the development of a municipal resources, and r p overlay pursuant to the provisions of this section. q merit. t is affected by authorWrn local gov- ' Jill county gOYerning body, or $ citizons' organization that - (4') This inters Into devalo ment a ream@nte with represents property owners in the area affected, may ammentS to enter P 9 I i) sponsor the preparation or the municipal ovarte , y developers, subject to the Procedures and require. 2. it shall be m y rnOnts of ss. 163.3220`163.3243. I; I the responsibility of the county to pre' S 163.3220 -1 63.3243 shall be regarded. i We the munic�palgx9riay for art- araa-i.inder�its uasdic- .. -�) _Se_atlan6-...and-a'tld i naF 46-15—_ ewers con- tian; i►owevor,' 1 as supplemental p r rf the sponsor of the murilclpi l overlay is ferred u an local 90jVemnlents by ether laws and shall Qthsrthan the county, the derogation - � county may bywritten ogres- not be a regarded 915 in of an Mont authorize the sponsor to prepare some or all of a y Powers now Proposed municipal existing. , s 902, all. 95..,47, a. B, ch, 92.278, y overlay. Hiblary. -6. 111, cn, as -ra (b)1. A municipal overlay shall be adopted as an amendment to the loon( eve a Local Government Devi lO ment g mment r,0mprehensfve 1s3.3�1 Flared• scribed by s, 163.3784. plan as pre Agreemr3ntAct; defrnfilOns: As used in as. 183 3220- Yi A county may consider the adoption o f a munlcf- 163.3243: i Pal overlay without regard to the provisions of s. (1) "Brownfield designation" means a resolution ;; 1 163,3197(1) rapa�rding the frequency cal government pursuant amohdments to the local compren o plan�ption of adapted by Act, ss. 376.77.37us. (3) CONTENTS OF'A MUNICIPAL- OVERLAY. —A (2) °Corn r@h9n$ivG plan" means a plan adapted � I l! rnunicipail overlay must contain: pursuant to the , Local Government Comprehensive °t (a) Souncinry options for the creation of the new Planning and Land DeVelopment Regulation Act." I municipality, means any (b) A feasibility, study as cutlined in chapter 165. gOVemmantallaganGyl undertaking any evelopment a ' (a) Arno pe Of oxistin t "ans•the car ar ®a by type and densitndproposed land uses in the (4) peveloprn @n Operation, the rn kfnt' of any (d) Po y building activity or Mining g y I pulation projections for the area, material change in tile use or af appearance fiat of a any more ptlb Data and analysis relating to the provision of ture or land, or the g ' It facilities For r the arOa. -- ... -- -- - - - - -- - -- - -- i The FLINp►N OF THE MUNICIPAL OVERI- AY.— p (a) The fallowing activities or uses shrill be taken ha devsla is act to involve "rlevOlo ment ", ft'ndvdb f pment of the municipaf�ovorlay shall be for the purposes of this p . beh,,ee y he county unless there is written agreement 1• A reconstrucilon, alteration of the size, or male - atw8, n�the county and another entity to fund It riaf change in the external appearance of a structure an is ch, ee•41e, land. 1431 0 NOV,. -03` 04 (0) 14:40 B I LZ I N SUMBERG P, 0031005 Ch. 13 INTERGOVERNMENTAL PnogFIAMS F.S. 2043 i.; 2. A change in the intensity of use of land, such as of an incorporated municipality,' or any other chief gob Vl,t an Increaso in the number of dwelling units in a siruc- erning body of a unit of local govemment, however des - I'�j1 tutu or on land or a malarial increase in the number of igna led, businassai, manufacturing establishments, offices, or (7) 'Land" means the earth, water, and air, above, dwelling units in a structure or on land- below, or on the surface, and includes any improve. ! 3. Aitc•ration of a shore or bank of a seacoast, merits or structures customarily ragnrded as land. river, stream, lake, pond, or canal, including any '(6) "Land development regulations" means ardi- coastal construction as defined in s. 161.021. nancas enacted by governing bodies for the regulation . 14. Commencement of drilling, except to obtain soil of any aspect of development and includes any local samples, mining, or excavation an a parcel of land. government zoning, rezoning, subdivision, building S. Derncliticn of a structure, construction, or sign regulations or any other regula- 6, Claaring of land as an adjunct of construction. Lions controlling the development of land. 7. peposlt of refuse, solid or liquid waste, or fill on (9) "Laws" moans all ordinances, resolutions, ragu- !iI,�I a parcel of land, laticns, comprehensive plans, land development regu- i i (la) The' following operations or uses shall not be latlons, and rules adapted by a local government affect. taken for the purpose of this act to involve develop - ' Ing the davalopmenl of land. ment ", (10) "Local government" means any county or 1. Work qy a highway or road agency or railroad municipality or any special district or local govemmen- companyforthq maintenance or improvement of a road tal entity established pursuant to law which exercises or railroad 'track, if the work is carried out an land within regulatory authority over, and grants development per. the boundairies of the right -of -way. mits for, land development. 2, Work by any utility and other persons engaged (11) "L ❑Cal planning agency" means the agency in the- distribution -or transmission of gas or water, for designated to prepare a comprehensive plan or Plan the purpose of inspecting, repairing, renewing, or can- amendment pursuant to the "Florida Local Government „ j structing an established rights•of -way any sewers, Comprehensive planning and Land Development Reg- mains, pipias, c®bies, utility tunnels, power line, tow- ulation Act." ors, poles, tracks, orthe like. (12) "Parson" means any individual, corporation, 3. Work for the maintenance, renewal, Improve- business or land trust, estate, trust, partnership, asso- �' I ment, or alteration of any structure, if the work affects ciatlon, two or more persons having a fcir►t or common i only the intarior or the eclat of the structure arfhodeco- interest, state agency, or any legal entity. ration of the exterior of the structure. " 1a)- f'ubltc.. foci[ liras'- meane- major_capital.lmpmV& The' "use" of`any'strucfure - or land' aavotea`ta' . mente, including, but not limited to, transportation, sani- r'li' dwelling us as for any purpose customarily incidental 1 tary sewer, solid waste, drainage, potable water, edu- s we p „j ! anjoym nt of the dwelling. c t o a 1, parks and recreation al, and health systems I 5. The use of any Rand for the purpose of growing and facilities. plants craps, trees, and other agricultural or forestry „ 1' f� (14) ,State land planning agency" means the i) products, raising livestock; or for other agricultural pur- p . g. 9 y P De artme t of Commune Affairs. I i ' poses. Hlssiur s. 2n, ch. �G•iHio �, d, ah s.•,?s• c. e y,� , ah. ®s -sac. . h 6 A change use of land o structure from a use i 17an in r I p i , � ordinance 6 rule t0 within a ctaass specified in an r 163.9223 Applicability.—Any local government t another us e m th e same class. may, ordinan ce establish procedures a n d re u ! re- .i ta , 7. A change, in the ownershi • or of ownership m a t s , as provided in as, 163.�22Q• 1 63.3 24 3 , to con- of any parcel or structure. eider and enter into a development agreement with any a. The creation or termination of rights of access, parson having a legal or equitable interest in real prop I a an r is easements covenants concerning ° r p ri i�h , g arty located within ifs jurisdiction... develo manl of land, or other rights i� land. Hlamry. -c. 21,ch. ep -let. C' P (c) "Development, as, dQSignaied in an ordinance, i' rule, or development permit includes all other develop- 69.3225 Public hearin s ment customarily associated with It unless otherwise a ore entsr`r ng `into, amending, or revoking a specified. When appropriate to the context, "davolopr development agreement, a local1 government shall con - 4', menr refeis to the act of developing or to the result of duct at least two public hearings. At the option of the t! i development, Reference to any specific operation is governing body, one of the pubic hearings may be held I of intendijd ro Mean tliet the o oration or ctivit ; by- the- locaI lannin -agency;---- when part of other operations or activities, is not davel- (2)(a) Notice of intent to consider a development . !� opment. F,efBranca to particular operations is not agreement shall be advertised approximately 7 days intended tc limit the generality of this subsection. before each public hearing in a newspaper of goners! (5) "Development permit" includes any building circulation and readership in the county where the local permit, zoning permit, subdivision apprd'val, rezoning, government is located, Notice of intent to consider a ii certification, special exception, variance, or any other development agreement shall also be mailed to all official acti,an of local government having the effect of aff ected property owners before the first public hearing. permitting the development of land. The ray, time, and place at which the second public (6} "Governing body' means the board of county hearing will be held shall be announced of the first pub - j , commissioners of a county, the commission or council lic hearing, t, 1432 - _ NOV,- 03'04(WED) 14;41 BILZIN SUMBERG P. 004 /005 F.S. 2003 INTERGOVERNMENTAL PROGRAMS Ch. 163 (h) The notice shall specify the location of the land consistent with the local government's comprehensive subject to the- development agraernent, the develop- plan and land development regulations. Mont uses proposed on the property, the proposed HstcrY: e. 2B, ch. pa.iai. population densities, and the proposed building intensi- 163.3233 Local laws and ppllc[es governing a Lo l ws ties and height and shall specify a place where a copy of the proposed agreement can be obtained. Hillary. --R, 22, ch. as- fill. development agreement.----; p (1) The local government's laws and policies gov - orning the development of the land at the time of the 163,3227 Raquiremento of a diivelopment agree- execution of the development agreement shall govern mant •-- the development of the land for the duration of the (1) A development agreement shall include the fol- development agreement. lowing. (a) A legal description of the hand subject to the (2) A local government may apply subsequently adaptad "laws and policies to a development that is sub - agreement, and the names of its legal and equitable loot to a development agreement only If the local gov - owners; (b) The duration of the agreement; ernment has hold a public hearing and determined: (a) They are not in conflict with the laws and poli- i (c) The development uses perenittad on the land, including population densities, and building intensities cies governing the development agreement and do not prevent development of the land uses, intensities, or and height; (d) A description of puNic facilities that will service densities in the development agreement; (b) They are essential to the public health, safety, the development, including who ahall provide such facilities; the date any new facilities, if needed, will be or welfare, and oxpressly state that they shall apply to constructed; and a schedule to assure public facilities a development that is subject Ina development agree -. sent; I are.available c❑ncurrant with the imaacts of the davel- opment' (c) They are spaciflcally anticipated and provided (d) A description of any reservation or dodtcstion of land for public purposes; for in the development agreement; (d) The local government demonstrates that sub - (f) A dascription of all local development permits approved or needed to be approved for the develop- - stantial changes have occurred in pertinent conditions existing at the time of approval of the development mant of the land; (g) A finding that tha development permitted or pro- agrsernent; or (a) The development agreement is based on sub - posed is consistent with the local government's cam- stantially inaccurate information supplied by the devel- prehansive plan and land devalopmant regulations; (h) A description of any conclitians, terms, restric- °p°r° (S) This section does not abrogate any rights that bons, or other requiremants dolerminad to be neces- may vast pursuant to common law. HIMory. —s. 25, ah, MIDI. vary by the local government for the public health, safety, or welfare of its citizens; and (i)--- A- statementirld!catfng .that - the- faflu�e.of -tlae 163 3235 Periodic raalaw of a development a rse __._._..._ menY= glocafgovernmentsliailreviewlat7dsubjacito a reemQnt to address a articular permit, condition, g p term; or restriction shall not relieve th a developer of the a development agreement at least once ovary 12 .. necessity of complying with the law governing said per - months to determine if there has been demonstrated good faith compliance with the terms of the develop - mitting requirements, conditions, tan11, or restriction. (2) A development agreement m;ayprovide that the ment agreement, For each annual review conducted entire development or any phase thereof be com• maned or completed within a specific period of time. de.ial;,, during years a through 10 of a development agree - ment, the review shall be incorporated into a written be Hlslory. -s. 24, eh. at a,. 91.44. report which shall submitted to the parties to the agreement and the state land planning agency. Thu 163.3229 Duration of a development agreement state land planning agency shall adopt rules regarding and relationship to local comprehelnsive plan.-­70a of a development agreement shall not exceed the contents of the report, provided that the report shalt he limited to the information sufficient to determine the Iduration 10 years. It may be extended by mutual consent of the extent to which the parties are proceeding in good faith governing body and the developer, subject to a public haElang in accordance with s, I MZ2s. No develop to comply with the terms of the development agree - merit. If the local govemment finds, on the basis of sub - ment agroarnent shall pe effective or be implemented by a local government unless the Iacal stantial competent evidence, [hat there has been a fail- government's ure to comply with the terms of the development agree - Comprehensive plan and plan amendments implement- merit, the agreement may be revoked or modified by Ing or related to the agreement ai-e found in compliance the local government, by the state land planning agency in Kccordance with s. Hiurbry.—.. 27, 40.131; 98.J% ah. s. t", ah, H1wiry ---s. 24 ail, ea.101: s. a n 2, ch, 01.44; c. , .i,. 02 -tea, _ j63. 287 Amandment or cuncallatlon of a devel- opment agreement, --A development agreement may i 163.3231 Conslstancy with the comprahensivo be amended or canceled by mutual consent of the par- Plan and land development regulations.—A develop- ties msnt agreement and authorized development shall be to the agreement or by their successors in interest. Hieibry. —e:.e, eh. ea -,21. F I. , +I ii �� NOV. -03' 04 (WED) 14; 41 BILZIN SUMBERG P, 005/005 �' II Ch. 163 INTEFIGOVERNMENTAL. PROGRAMS _ F.S. 2003 - II f 153.3239 pl,eording and effectiveness of a deval- atancos if it is determined that the plan would further opment agreement. -- Within 14 days after a local gov- the purposes of this part and part l of chapter 380, i °i emment enter;; into a development agreement, the Preparation of an optional sector Plan is auillorizao b local government shall rocord the agreament`with the agreement between the state land planning agency I t clerk of the circuit court in the county where the local and the applicable local govarntnsnts under- s t i govemment is 10cated. A copy of the recorded develop- 1 63.3.171(4). An optional sector plan may he adopted ment ngreomont shall be submitted to the state land through one or more comprehensive) plan amendm4nie planning ageno;t within 14 days after the agreement is under s. 163.3184. Mowvver, an optional sector recorded, A development agreement shall not be effac- may not be authorized in an area of critical Stain cgnh live untli it is properly recorded in the public records of corn, a. the county and until 30 days after having been received (p) The state land planning agency may eni.er into by the state land planning agency pursuant to this sec an agreement to authorize preparation of an optional tion, The burdens of the development agreement shall sector plan upon the request of oria or more local gov - be binding upon, and the benefits of the agreement ernments based on consideration of Problems and shall inure to, a6 successors In interest to the parties tc opportunities presented by existing developm ©ht the agreement. trends; the effectiveness of current corn rehenstve Hlaltiry 4• go, ch. Falni; a. m ch. 93 -129 plan provisions; the potential to further the state cnm_ 1f3.3241 Madlficat►on ❑r revocation of devalo pi hensive plan, applicable strategic regional olio d P plans, this part andpart I of chanter 380; and those Pao- ment agreement to comply with subsequently enacted tors Identified by s. 163.3177 (10)(1). The a Ilea jp i I enact and d afterdthetex execution n StAte or development as ree- regional planning council shall conduct a coop ng meet. P g ing with affected local governments and those agsn. men[ which are applicable to and preclude the parties' cfes identified in a. 163.3184(4) before execution of the Ilii t j compliance wit)', the terms of a development agree- agreement authorized by this section. The u l , meet, such agreement shall be modified or revoked as g purpose of this meeting is to assist the state land planning agent ftif II is necessary to comply with the relevant state or federal and the local government In the identification of the ref FtlntorY. -6. 30, ch 8,3181. I II laws, event p tannin g Issues to be Addressed and the data and resources Available to ggijl `I I,,; ��,, ! • the preparation of lintcrcement, —Any party, an a gg rieved subsequent plan amendments. The regional plani ng i � or adversely affected person as defined in s. council shall make written recommendations to the h'lilt s �;' 183.3215(2), orthe state land planning agency mayflle state land planning agency and affected local go vern - t' an action.for injunctive relief in the circuit court where ments, including whether a sustainable sector plan h ,i , the IOC41 govsrnrnsnt is located to enforce the terms of would be appropriate. The agreement must defihe the a development agreement or to challenge compliance geographic area to be subject to the sector plan, the ;ul of the agreement with the provisions of ss. 183.3220- planning issues that will be amphasized, requirements 163:3241 for.—Intergovernmental. - coordination -- te-- wddresa NleTery c; $1, ch. BE -lei, extralurlsdictional impacts, su artin I pP 9 application j materials includinp data and analysis, and procedures I' 163.3245 C]piianal sector plan$— for public participation. An agreement may address Irk jl l I (1) In recognition of the benefits of conceptual long - previously adopted sector plans that are consistent r range planning feir the buildout of an area, and detailed with the standards in this section. Before executing an it l i planning for specific areas, as a demonstration project, agreement under this subsection, the local government the requirements of s. 380.06 may be addressed as shall hold a duly noticed public workshop it) review and identified by this section for up to five local govern- explain to the public the optionaf sector planning proc- t Menlo of combinations of local governments which ess and the terms and conditions of the proposed adopt into the comprahensfve plan an optional sector agreement. The local government shall Mold a duly y,N i Ian in accordance with this section. This section is Noticed public hearing to execute the agreement. All , l . ntended to furthe r the'intent of s. 15.3.3177(11), which meetings between the department and the local gov - �l, I i supports innovative and flexible planning and develop- arnment must be open to the public. I merit strategies, and the purposes of this part, and park (3) Optional sector planning encompasses two Iov- r 4 I I of chapter 880, and to avoid duplication of effort in als. adoption under s, 163.3164 of a conceptual long- terms of the level of data and analysis required for a term buildout overlay to the comprehensive plan, hav- I , development of regional impact, while ensuring the ing na- immediate affect on the issuance of develop- adequate mitigation of Impacts to applicable regional meat orders or the applicability of s, 380.06, and p- ad4 resources and facilities, including those within the juHs- tion under s. 163,3164 of detailed specific area plans diction of other lo3;41 governments, as would otherwise iI be prc_vided Optional-. sector plans. ars- intended for sutastar3tial geographic areas including at least 6,000 acres of one or more local governmental jurisdictions and are to emphasize urban form and protection of regionally significeint resources and facilities. The state land planning ` agency may approve optional sector plans of less than 5,000 acres based on local circum- , 14 , that Implement the conceptual fang - term; buildout over- - lay and authorize issuance of- development- orders, and within which s, 380.06 is waived. Until such dme as a detailed specific area plan is adopted, the underlying future land ass designations apply. (a) In addition to the other requirements of this chapter, a conceptual long -term buildout overlay must include; 34 N �• a ct fa A In r di 'l fu re is u le tt it e a a F i E t